View this email as a webpage. Jan. 12, 2024

Constitutional amendment for school funding, DEI and state education board bills introduced this week

The second week of the 2024 Regular Session of the Kentucky General Assembly saw several bills filed that would have major implications on school districts and local board policies.


Nearly 360 bills have been filed so far this session, however the House Majority budget proposal is not one of them. The bill is expected to be filed next week.


See below for updates on key pieces of legislation and happenings from this week.


View last week’s legislative update here. Stay tuned to KSBA communications for ongoing legislative coverage and alerts.


The Senate and House convene today at 9 a.m. (ET).

Bill watch

Below are some of the bills filed this week that KSBA will be watching. The status of bills were current as of the publication of this newsletter. If available, bill titles are linked to the Legislative Research Commission website.

 

HB 208: Public funds for non-public schools

A bill was filed this week by Rep. Josh Calloway, R-Irvington, that, if passed, would put a constitutional amendment on the ballot asking voters whether or not public funds could be used for private/non-public education. The amendment, if passed, asks voters whether the state should “provide for a portion of the educational costs for parents of students outside of that common school system.”


The bill also states that “Sections 184 to 189 of this Constitution shall not prevent, nor require a further referendum for, any provision for the educational costs of students outside of the system of common schools for parents of limited financial means, as determined by law, so long as no such funds are taken directly from the common school fund.”


By the numbers: In KSBA’s 2024 Legislative Issues Survey of members, 63% of respondents were opposed to putting such a constitutional amendment on the ballot while 27% would support leaving the matter up to voters.


This bill has not yet been assigned to a committee.


HB 227: School district mergers

Legislation filed by Rep. James Tipton, R-Taylorsville, would allow mergers of any two contiguous districts. Under the bill, a school board could vote to merge with another district, but if that district does not agree, the question would be put to voters. The bill also give authority to the state in the case of insolvent districts: “if a school district cannot meet its current operating expenses from projected revenue and cannot negotiate a merger with a contiguous school district, the Kentucky Board of Education shall determine and direct the merger of the insolvent school district with a contiguous district and the terms of the merger.”


This bill has not yet been assigned to a committee.


SB 8: Selection of Kentucky Board of Education members

Sen. Mike Wilson, R-Bowling Green, filed a bill that would make drastic changes to the selection of members of the Kentucky Board of Education (KBE). SB 8 would eliminate the current gubernatorial appointment process and, instead, require partisan primaries and elections for KBE members, with seats for each of Kentucky’s seven Supreme Court districts.


“Each governor since KERA was implemented over three decades ago has leveraged, and some might say abused, their gubernatorial power with the Kentucky Board of Education,” Wilson said in a release. “It’s time we returned the power to the residents of the commonwealth.”


Gov. Andy Beshear expressed opposition to the bill during his Thursday press conference, citing the state constitution and the 1989 Rose Decision.


“We don't have partisan school board races and they're trying to create a partisan Board of Education,” he said. “That's just a really bad idea.”


The bill also prohibits individuals from running if they have served on a local school board in the previous four years, but makes no such restrictions for any other former elected officials. 


By the numbers: If the legislation were to pass, Kentucky would become only one of about half a dozen states that hold partisan elections for state board of education members. Learn more about how each state selects their state boards of education members from the NASBE State Education Governance Matrix.


In KSBA’s 2024 Legislative Issues Survey of members, 83% of respondents indicated “there is currently too much partisan politics in public education” while 2% indicated “there is not enough partisan politics in public education.”


The bill has been assigned to the Senate State & Local Government Committee

SB 93: Diversity, equity and inclusion and trauma-informed care

Filed by Sen. Stephen Meredith, R-Leitchfield, SB 93 prohibits diversity, equity and inclusion (DEI) efforts of school districts, with DEI defined as “any program, activity, instruction, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes differential or preferential treatment of individuals on the basis of such classification.”


The bill also strikes nearly all statutory language regarding trauma-informed care approaches originally set in 2019’s School Safety and Resiliency Act (SB1). 


This bill has been assigned to the Senate Education Committee

Rep. Kevin Jackson, R-Bowling Green, is a former Warren County school board member and is the primary sponsor of HB 108, an act relating to English language learners. 

Senate, House education committees hear from state

on low-performing schools

The education committees for both the Senate and House held their first meetings of the legislative session this week. The nearly identical agendas each focused on state supports for low-performing schools.


Kelly Foster, Kentucky Department of Education (KDE) associate commissioner, presented to lawmakers on Kentucky schools currently identified as Comprehensive Support and Improvement (CSI). The school boards that govern those 28 schools are charged with selecting turnaround vendors to implement 3-year turnaround plans. Each of the boards selected KDE to provide the turnaround services for their CSI-designated schools.


“We provide education recovery staff members in those buildings on a daily basis,” Foster said.


Information on schedules, rosters and meeting agendas for these committees can be found at the bottom of this newsletter. 

KSBA in the news

KSBA is often called on by the media during the legislative session to discuss proposed bills and school-related issues. Below is recent headline to which KSBA contributed.


Ban on K-12 diversity, equity and inclusion initiatives proposed in KY legislature – Lexington Herald-Leader (Jan. 9, 2024)

KSBA's 2024 legislative priorities

Each year, ahead of each legislative session, KSBA releases a summary of priorities for advancing public education. View a downloadable/printable version of KSBA’s 2024 legislative priorities.

Stay tuned all session long

Watching committee and/or chamber proceedings

Most standing committee meetings and House/Senate chamber proceedings can be viewed live online. Kentucky Educational Television (KET) offers live legislation coverage as well as an archive of past coverage. Many committee meetings are also available (live or recorded) on the LRC YouTube page.


Education leaders should also stay tuned to KSBA e-blasts, publications and social media for frequent updates, alerts and news.


Reviewing bills

Read all bills introduced this session at the Legislative Research Commission (LRC) website. Updated daily, the page also provides summary information and status of each bill before the General Assembly.


Education-related committees

Use the links below to visit pertinent committee homepages on the LRC website. From there, you can access meeting materials and committee rosters (including contact information of the legislators).






Find/contact your legislators




KSBA encourages school board members to contact their legislators to let them know how bills will impact their schools and students by calling the free LRC Message Line at 1-800-372-7181. Callers can leave messages for legislators or any group of legislators (such as to "all members of the education committees").


  • Tip: When in contact with your legislators, locally elected school board members and their superintendents should clearly note their leadership positions in their districts.


  • Tip: Legislators' individual offices in Frankfort can be reached by calling 502-564-8100 and asking for them by name.

Kentucky School Boards Association | 502-695-4630 | ksba.org

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